HomeMy WebLinkAbout1976-10-27
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Bozeman, Montana
27 October 1976
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, 27 October 1976, at 1:15 o'clock p.m. Present were Mayor Vollmer, Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Vandeventer, Commissioner Taylor, City Manager Fryslie, Assistant
City Manager Wolf, City Attorney Berg, and the Acting Clerk.
Commissioner Sedivy opened the meeting with an appropriate prayer in wishing Harold Frys1ie
success in his new vocation, and the following proceedings were had.
Minutes of the regular meeting held on Wednesday, 20 October 1976, were approved as read.
Consideration of Bids - Sewer Rehabilitation Project
A letter from Mr. James Cummings of Thomas, Dean & Hoskins Inc., the City's engineering consultants,
was presented recommended that the intent of award be amde to C. W. Schmidt, based on their low bid of
$27,991.00. The letter further stated that this intent of award is subject to the contractor success-
fully completing the contractual documents and intent of award approval by EPA.
The City Manager concurred with the above recommendation, and it was moved by Commissioner Lehrkind,
seconded by Commissioner Sedivy, that the intent of award be made to C. W. Schmidt on their low bid of
$27,991.00, subject to EPA's approval. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner
Vandeventer, and Mayor Vollmer; those voting No, none.
Authorization to Call for Bids - Pumper Fire Truck - Open Bids 24 November 1976
The City Manager recommended that specifications be approved for a Pumper Fire Truck and the
Clerk of the Commission be authorized and directed to publish a "Call for Bids". It was moved by
Commissioner Sedivy, seconded by Commissioner Taylor, that the specifications be approved and the
Clerk of the Commission be authorized and directed to publish a "Call for Bids" to be received on
24 November 1976 and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and
Mayor Vollmer; those voting No, none.
Authorization to Call for Bids - Three Police Cars - Open Bids 24 November 1976
The City Manager recommended that specifications be approved for three police cars and the
Clerk of the Commission be authorized and directed to publish a "Call for Bids". It was moved by
Commissioner Taylor, seconded by Commissioner Vandeventer, that the specifications be approved and
the Clerk o-f the Commission be authorized and directed to publish a "Call for Bids" to be received
on 24 November 1976, and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy,
and Mayor Vollmer; those voting No, none.
Sale of
a)
b)
c)
d)
e)
Bonds:
SID 561 - Paving, South 20th Avenue from College to Babcock Streets
SID 562 - Storm Drain, South 23rd Avenue College to Babcock Streets
SID 565 - Public Off-Street Parking Facilities
SID 566 - Paving & Storm Drain, Remington Way
SID 570 - Paving & Storm Drain, Figgin's Addition, Phase II
- $250,000.00
- $320,000.00
- $750,000.00
- $ 21,000.00
- $320,000.00
The City Manager stated that according to the affidavit of publication, this was the time and
place set for the bond sale of Special Improvement District No's. 561, 562, 565, 566 and 570.
The Mayor and City Manager outlined the procedure for conducting this bond sale and stated the
amount of bonds to be sold for each district would be the same as the advertised amount.
The Mayor announced that the City was now ready to conduct bidding for the purchase of the
bonds of SID No. 561, and that the City not accept any bids either sealed or oral bids above 8%.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the City proceed
with the bidding of SID No. 561, and the motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner
Taylor, and Mayor Vollmer; those voting No, none.
The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.60%,having been the
only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement
District No. 561 in the amount of $250,000.00 be awarded to D. A. Davidson & Company.
It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the sale of the
bonds for Special Improvement District No. 561 in the amount of $250,000.00 be awarded to D. A.
Davidson & Company of Great Falls at 7.60%. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor,
Commissioner Vandeventer, and Mayor Vollmer; those voting No, None.
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b) The Mayor announced that the City was ready to conduct blidding for the purchase of the bonds of
SID No. 562. It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the City
proceed with the bidding of SID No. 562. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner
Lehrkind, and Mayor Vollmer; those voting No, none.
The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.60%, having been the
only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement
District No. 562 in the amount of $320,000.00 be awarded to D. A. Davidson & Company.
It was moved by Commissioner Sedivy, seconded by Commissioner Taylor, that the sale of the bonds
for Special Improvement District No. 562 in the amount of $320,000.00 be awarded to D. A. Davidson &
Company of Great Falls at 7.60%. The motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner
Lehrkind, and Mayor Vollmer; those voting No, none.
c) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of
SID No. 565. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the
City proceed with the bidding of SID No. 565. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy, and Mayor Vollmer; those voting No, none.
The following bidders presented their good faith checks as prescribed by the Notice of Sale:
D. A. Davidson & Company of Great Falls
First National Bank, First Security Bank, and Montana National Bank of Bozeman
Oral bidding began and the final best oral bid was D. A. Davidson & Company of Great Falls in
the amount of 6.70% plus a $100.00 premium.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the sale of
the bonds for Special Improvement District No. 565 in the amount of $750,000.00 be awarded to D. A.
Davidson & Company of Great Falls in the amount of 6.70% plus a $100.00 premium. The motion was
carried by Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Co~~issioner Taylor,
and Mayor Vollmer; those voting No, none.
d) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of
SID No. 566. It was moved by Commissioner Lehrkind, seconded by Commissioner Sedivy, that the City
proceed with the bidding of SID No. 566. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner
Vandeventer, and Mayor Vollmer; those voting No, none.
There were no sealed bids and there was no one present to bid on bonds of SID 566 in the amount
of $21,000.00.
Upon the City Manager's recommendation, it was moved by Commissioner Sedivy, seconded by
Commissioner Taylor, that the Commission authorize the City Manager to negotiate a sale for the bonds
of SID No. 566 and bring the results of the negotiations back to the City Commission for their
consideration. The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and
Mayor Vollmer; those voting No, none.
e) The Mayor announced that the City was ready to conduct bidding for the purchase of the bonds of
SID No. 570. It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that the
City proceed with the bidding of SID No. 570. The motion was carried by the following Aye and No
vote: those voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind,
Commissioner Sedivy, and Mayor Vollmer; those voting No, none.
The oral bid of D. A. Davidson & Company of Great Falls in the amount of 7.70% having been the
only bid submitted, the City Manager recommended that the sale of the bonds for Special Improvement
District No. 570 in the amount of $320,000.00 be awarded to D. A. Davidson & Company.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that the sale of
the bonds for Special Improvement District No. 570 in the amount of $320,000.00 be awarded to D. A.
Davidson & Company of Great Falls at 7.70%. The motion was carried by the following Aye and No vote:
those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy,
Commissioner Sedivy, and Mayor Vollmer; those voting No, none.
Consideration of Construction Bids - SID's 561, 562, 566, 570
A letter from Mr. James Cummings of Thomas, Dean & Hoskins, Inc., the City's engineering consultants,
was presented recommending that the award be made to Long Construction Company based on their low bid
of $761,111.75, subject to the sale of the bonds.
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The City Manager concurred with the above recommendation, and it was moved by Commissioner Lehrkind,
seconded by Commissioner Sedivy, that the award be made to Long Construction Company on their low bid
of $761,111.75, contingent upon the sale of bonds for SID No. 566. The motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy,
Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none.
Request from University Mall Associates
The City Manager brough to the Commission's attention the matter of University Mall's request to
rescind the hookup of Main Mall to the City sewer system since the sale of bonds have just been
awarded for SID No's 561 and 562.
Following a short discussion, it was moved by Commissioner Lehrkind, seconded by Commissioner
Taylor, that the Commission deny the request of University Mall, and the motion was carried by the
following Aye and No vote: those voting Aye being Commissioner Lehrkind, Commissioner Sedivy,
Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting No, none.
Resolution No. 1832 - Disposition of Low Income Housing Site
COMMISSION RESOLUTION NO. 1832
A RESOLUTION PROVIDING FOR THE DISPOSITION OF A PARCEL OF REAL PROPERTY OWNED
BY THE CITY OF BOZEMAN, LOCATED WITHIN THE CITY LIMITS OF BOZEMAN, MONTANA, AND
ACQUIRED THROGH THE PROCEDURES SET FORTH IN REGULATIONS COVERING COMMUNITY
DEVELOPMENT BLOCK GRANTS ADMINISTERED BY THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND MORE SPECIFICALLY THOSE REGULATIONS FOUND UNDER TITLE 24,
CHAPTER V, PART 570.
providing for the disposition of a parcel of real property owned by the City of Bozeman for $67,900.00
through the procedures set forth in regulations covering Community Development Block Grants was
presented.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Resolution
No. 1832 be passed and adopted, and the motion was carried by the following Aye and No vote: those
voting Aye being Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor
Vollmer; those voting No being Commissioner Sedivy.
Resolution No. 1833 - Intent to Create SILD 572 - Lighting in Block 4, Durston Subdivision
and Block 12, Springbrook Addition
COMMISSION RESOLUTION NO. 1833
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING
IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 572 FOR THE PURPOSE OF OPERATING AND MAINTAINING A
LIGHTING DISTRICT TO LIGHT THE NORTH-SOUTH ALLEY IN BLOCK 4 OF THE BRUNTON-
PALFFY REARRANGEMENT OF A PORTION OF DURSTON SUBDIVISION, AND BLOCK 12 OF THE
SPRINGBROOK ADDITION, SAID LIGHTING SYSTEM TO BE INSTALLED AND PAID FOR BY
THE MONTANA POWER COMPANY UNDER AUTHORITY OF AND IN CONFORMANCE WITH SECTION
11-2245 TO 11-2257 INCLUSIVE OF THE REVISED CODES OF MONTANA, 1947.
prepared by the City Attorney as directed by the City Commission and to be known as Special Improve-
ment Lighting District No. 572 for the purpose of operating and maintaining a light system to light
the north-south alley in Block 4 of a portion of Durston Subdivision and Block 12 of the Springbrook
Addition in the City of Bozeman, and to be installed by the Montana Power Company, was presented.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Commission
Resolution No. 1833 be passed and adopted and Wednesday, the 24th day of November, be the date set
for public hearing and the motion was carried by the following Aye and No vote: those voting Aye
being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor,
and Mayor Vollmer; those voting No, none.
Sanitary Sewer Easement - Frank Bonn
An Easement and Right of Way Agreement by and between Frank Bonn and the City of Bozeman for
the purpose of installing, operating, using, repairing, replacing, maintaining and removing a sanitary
sewer line thereto upon and across the Southwest corner of Bonn's Second Subdivision, SW~, SE~,
Section 7, T2S, R6E, City of Bozeman, Gallatin County, Montana; and containing a strip of land 40' x 40',
was presented.
Upon concurrence of the City Manager, it was moved by Commissioner Lehrkind, seconded by
Commissioner Sedivy, that the Easement and Right of Way Agreement, having been executed by Frank
Bonn, be approved and the Mayor and Acting Clerk of the Commission be authorized and directed to sign
for the City. The motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor
Vollmer; those voting No, none.
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Application for Gambling Licenses:
a) Gallatin 4-H Leaders Council - Bingo
b) District #3 Montana Nurses Association - Raffle
c) Programming Teams - MSU - Raffle
The City Manager presented applications from the Gallatin 4-H Leaders Council, District #3 Montana
Nurses Association and the Programming Teams of MSU. with the required fee, for one bingo and two raffle
licenses.
Upon recommendation of the City Manager, it was moved by Commissioner Taylor, seconded by Commis-
sioner Vandeventer, that the Commission approve the applications for one bingo and two raffle licenses,
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer;
those voting No, none.
Application for Beer License - Pizza Hut of Bozeman
The City Manager presented an application from the Pizza Hut, along with the required fee of $100.00
for a Beer License.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind. that the Pizza Hut,
having met all requirements, be issued a Beer License, and the motion was carried by the following Aye
and No vote: those voting Aye being Commissioner Vandeventer, Commissioner Lehrkind, Commissioner
Sedivy, Commissioner Taylor, and Mayor Vollmer; those voting No, none.
Gift from Marguerite Kirk - ~ Share of Stock - Farmer's Canal Company of Gallatin County for Kirk Park
The City Manager presented a letter from Marguerite Kirk enclosing a certificate for ~ share of
the Farmer's Canal Company to insure the continuance of the small stream that runs through Kirk Park.
Upon the City Manager's recommendation, it was moved by Commissioner Lehrkind, seconded by
Commissioner Sedivy. that the City accept the certificate which is thoroughly appreciated, and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting
No, none.
Assessments for 1976:
a) Resolution No. 1829 - Assessing Street Lighting -
b) Resolution No. 1830 - Assessing Street Sprink1ing-
c) Resolution No. 1831 - Assessing Solid Waste
Collection and Disposal
P~ovisiona1 Passage - Hearing 3 November 1976
a) Commission Resolution No. 1829, levying assessment in the total amount of $22.043.12 for the
$22,043.12
8,568.02
169,499.96
various lighting districts for the year 1976. was presented.
COMMISSION RESOLUTION NO. 1829
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND
ASSESSING LIGHTING DISTRICT MAINTENANCE AND ELECTRICAL CURRENT COST FOR SPECIAL
IMPROVEMENT LIGHTING DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS
OF SECTION 11-2252, R.C.M.. 1947.
It was moved by Commissioner Sedivy. seconded by Commissioner Taylor. that Resolution No. 1829 be
provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for public hearing
and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Sedivy, Commissioner Taylor, Commissioner Vandeventer, Commissioner Lehrkind, and Mayor Vollmer; those
voting No, none.
b) Commission Resolution No. 1830. levying assessment in the total amount of $8,568.02 for street
sprinkling and cleaning for the year 1976 was presented.
COMMISSION RESOLUTION NO. 1830
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN LEVYING AND ASSESSING A
SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN STREET SPRINKLING DISTRICTS
OF THE CITY OF BOZEMAN. COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY SEVENTY-
FIVE PERCENT OF THE COST OF SPRINKLING STREETS WITHIN SAID STREET SPRINKLING
DISTRICTS OF THE CITY OF BOZEMAN FOR THE YEAR 1976.
It was moved by Commissioner Taylor, seconded by Commissioner Vandeventer, that Resolution No.
1830 be provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for public
hearing and the motion was carried by the following Aye and No vote: those voting Aye being Commissioner
Taylor, Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, and Mayor Vollmer; those
voting No, none.
c) Commission Resolution No. 1831, levying the Solid Waste Collection and Disposal Assessment in the
amount of $169,499.96 was presented.
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COMMISSION RESOLUTION NO. 1831
A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND
ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL REAL PROPERTY IN THE CITY OF
BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, SERVICED AND FROM WHICH GARBAGE
WAS COLLECTED AND REMOVED DURING THE YEAR 1976, TO DEFRAY THE COST AND EXPENSE
OF COLLECTING AND DISPOSING OF GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 696
OF THE CITY OF BOZEMAN MUNICIPAL CODE.
It was moved by Commissioner Vandeventer, seconded by Commissioner Lehrkind, that Resolution
No. 1831 be provisionally passed and adopted and Wednesday, 3 November 1976, be set as the date for
public hearing, and the motion was carried by the following Aye and No vote: those voting Aye being
Commissioner Vandeventer, Commissioner Lehrkind, Commissioner Sedivy, Commissioner Taylor, and Mayor
Vollmer; those voting No, none.
Final Meeting of City Manager Harold A. Fryslie
The Mayor and City Commission called attention to this as City Manager Harold A. Fryslie's final
meeting. The Mayor and members of the Commission, as well as the City Attorney, paid high tribute to
City Manager Fryslie for the outstanding service he has rendered to the City of Bozeman.
Adjournment
There being no further business to come before the Commission at this time, it was moved by
Commissioner Lehrkind, seconded by Commissioner Sedivy, that the meeting be adjourned, and the
motion was carried by the following Aye and No vote: those voting Aye being Commissioner Lehrkind,
Commissioner Sedivy, Commissioner Taylor, Commissioner Vandeventer, and Mayor Vollmer; those voting
No, none.
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:./'.- :t:,..... Llj, -_.~ aL..C.~-.. .
~VOLLMER, Mayor
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ATTEST:
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DIANE KRUPINSKY, 6
Acting Clerk of the City Commission
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